Suspect Loses Bid For Special Probation

December 18, 1992|By COLIN POITRAS; Courant Staff Writer

WATERBURY — A former Cheshire minister accused of molesting two young boys will not be considered for a special form of probation.

Superior Court Judge Jerrold H. Barnett Thursday denied the probation application filed by the Rev. Boardman W. "Barney" Kathan, 63, of Prospect, on the grounds that Kathan is alleged to have committed more than one crime. Barnett's ruling opens up the possibility of a criminal trial next year.

"This is what we expected," said the father of the two boys, who was in court for the proceedings. "The guy didn't fit into it."

The father said his two sons are prepared to testify at a trial if necessary.

"If it needs to be, we'll do it," the father said. "But if he wants to spare the family any more pain and go with what the court says, that's fine."

Kathan had applied for accelerated rehabilitation, a form of probation that is available only to people with no previous criminal record. People who receive accelerated rehabilitation avoid jail, serving as much as two years' probation. If they successfully complete the probation, all charges are dismissed.

The law can be applied only when a case involves a single crime. Kathan's lawyer, Leonard Crone, argued Thursday that many of the charges should be dismissed because they were not made within the statute of limitations.

Kathan was the associate pastor of the First Congregational -- United Church of Christ in Cheshire when he was arrested July 15. He has since resigned.

Kathan originally was charged with three felony counts of risk of injury to a minor, one felony count of thirddegree sexual assault and three misdemeanor counts of fourth-degree sexual assault. Assistant State's Attorney Cara Eschuk, after getting detailed statements from the alleged victims, later increased the charges to 11 counts of risk of injury and 11 counts of fourthdegree sexual assault.

Thursday, Eschuk amended the charges to 11 felony counts of

risk of injury, conceding that the statute of limitations could be applied in the other instances. The alleged victims were two young boys who lived near Kathan's home at 229 Cheshire Road in Prospect.

None of the incidents happened at the Cheshire church, and the alleged victims were not members of the church.

The older boy, who was 12 when the first alleged incidents took place, testified Thursday that he remembered five incidents that occurred in 1987 and another incident in 1991. Those dates fell within the seven-year statute of limitations.

"He would take my hand and put it on his pubic hair," the boy testified. "He would have gum and he would give me some. He would build it up, you know? It was all built up. He would do that."

After hearing the testimony, Barnett said he was satisfied that more than one crime is alleged. Crone said he was disappointed by Barnett's ruling. Kathan was not in court